128 Licence Agreement

OR OTHER THEORY OF LIABILITY, OR ARISING OUT OF THE USE OF OR INABILITY TO USE THE LicenceD SOFT-

WARE, EVEN IF SIEMENS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SHALL NOT APPLY IF AND TO THE EXTENT SIEMENS´ LIABILITY IS MANDATORY UNDER THE APPLICABLE LAW E.G. ACCORDING TO PRODUCT LIABILITY LAW OR IN THE EVENT OF INTENTIONAL MIS- CONDUCT, PERSONAL INJURY OR DEATH.

10.TECHNICAL SUPPORT. Siemens has and its Licensors have no obligation to furnish you with technical support unless separately agreed in writing between You and Siemens or the applicable Licensor.

Siemens and where applicable its Licensors in the Licenced Software shall be free to use any feedback received from You resulting from your access to and use of the Licenced Software for any purpose including (without limitation) the manufacture, marketing and maintenance or support of products and services.

11.EXPORT CONTROL. The Licenced Software may include technical data and cryptographic software and is subject to Ger- man, European Union and U.S. export con- trols and may be subject to import or export controls in other countries. You agree to strictly comply with all applicable import and export laws and regulations. Specifically, You agree, to the extent required by U.S. Ex- port Administration Regulations, that You shall not disclose or otherwise export or re- export the Licenced Software or any part thereof delivered under this Agreement to

(a) Cuba, Iran, Iraq, Libya, North Korea, Su- dan, Syria or any other country (including a national or resident of such country) to which the U.S. has restricted or prohibited the ex- port of goods or services.

12.APPLICABLE LAW AND FORUM. The laws of Germany govern this Agreement. No choice of law rules of any jurisdiction will ap- ply. The courts in Munich shall settle any dis- putes arising out of or relating to this Agreement provided you are a merchant.

13.MISCELLANEOUS. This Agreement represents the entire agreement between You and Siemens relating to the Licenced Software and (i) supersedes all prior or con- temporaneous oral or written communica- tions, proposals, and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any acknowledgement or similar communi- cation between the parties during the term of this Licence. Notwithstanding the foregoing, some products of Sie-mens may require You to agree to additional terms through an on- line "click-wrap"Licence, and such terms shall supplement this Agreement. If any pro- vision of this Agreement is held invalid, all other provisions shall remain valid unless such validity would frustrate the purpose of this Agreement, and this Agreement shall be en-forced to the full extent allowable under applicable law. No modification to this Agreement is binding, unless in writing and signed by a duly authorized representative of each party. This Agreement shall be bind- ing on and shall inure to the benefit of the heirs, successors, and assigns of the parties hereto. The failure of either party to enforce any right resulting from the breach of any provision of this Agreement by the other par- ty will not be deemed a waiver of any right re- lated to a subsequent breach of such provision or any other right hereunder. Not- withstanding anything to the contrary in this Agreement, Siemens and/or its licensors may enforce its rights, including but not limit- ed to copyright, trademark or trade names, in accordance with the rules of law in each country.